A system may apply to the department for a waiver from the monitoring frequencies for synthetic organic chemicals specified in 40 C.F.R. § 141.24 (July 1, 2018). Conditions for a waiver are as follows:

1. (1) The waiver expires at the end of the current compliance period. A system must reapply for a waiver for each compliance period;
2. (2) A system need not monitor for any synthetic organic chemical for which it receives a waiver;
3. (3) The department may grant a waiver after evaluating the previous use, including transport, storage, and disposal of synthetic organic chemicals within the watershed or zone of influence of a system. If the use of a contaminant is unknown or if a contaminant has been used previously, the department may not grant a waiver under this subdivision;

4. (4) If the use of a contaminant is unknown or if a contaminant has been used previously, the department may grant a waiver after evaluating the following:

   1. (a) Previous analytical results;
   2. (b) The proximity of the system to a potential point or nonpoint source of contamination;
   3. (c) The environmental persistence and transport of the contaminant;
   4. (d) The protection of the source against contamination by such factors as depth of well, soil type, and integrity of well casing;
   5. (e) Nitrate levels at the source; and

   6. (f) Use of polychlorinated biphenyls in equipment used in the production, storage, and distribution of water.

      The system must submit written evidence of compliance with subdivision (3) or (4) of this section and a completed waiver application to the department. If any of the information required by subdivisions (3) and (4) of this section is unknown or indicates that contamination is likely to occur, the department may not grant waiver.

      The decision by the department to grant a waiver shall be in writing and shall establish the basis for the waiver determination. The determination may be initiated by the department or upon application by a public water system. The public water system must specify the basis for its waiver request. The department shall review and may revise its determination of the appropriate monitoring frequency if the system submits new monitoring data or if other data relevant to the system's appropriate monitoring frequency become available.

Source: 31 SDR 21, effective August 24, 2004; 36 SDR 111, effective January 11, 2010 ; 45 SDR 159, effective July 1, 2019 .

General Authority: SDCL 34A-3A-3.

Law Implemented: SDCL 34A-3A-3(2).

Prior versions effective: 2010-01-11.